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Old 26th August 2019, 10:22 PM   #395
Thermal
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Join Date: Aug 2016
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Originally Posted by Distracted1 View Post
WRT your first paragraph:
Indeed. Firing a gun at someone is clearly an attempt to kill them, however, your timeline has her deciding to fire it before confronting Mr.Jean. That seems like an important distinction.
She may have done that, but there is little evidence to suggest that is the case.

WRT your second paragraph:

Primarily because it would seem to be an entirely legal killing if it were her apartment.

That she believed that it was, brings legal concepts into play meant to prevent someone who does something that is possibly illegal by mistake from always being considered criminals.
If the act would have been legal had she not been mistaken then one of the barriers to the application of that principle is eliminated.

Earlier,a poster pointed out that in the Oscar Pastorious incident whether or not he truly believed there was an intruder in his bathroom was essentially a moot point because even if there was he would still have been breaking the law by shooting through the door.

It seems that is not the case here, and if her assesment had been correct she would not have been breaking the law.
I don't think so. I'm no lawyer, but my lay reading of Texas law regarding use of deadly force in self defense (linked below) makes me think it was still not justified.

For example,Texas has the condition that the actor must reasonably believe deadly force was necessary. I think the prosecution will argue that she does not meet this standard, as she claims she could not even see him. The statute goes on to list other requirements, including specifically what must be met to be reasonable. She fails on each count to meet the standard. Even for the lamest of justifications, that of imminent intent to commit a robbery, I would expect the prosecution to argue that she had no actual reason to believe this. Suspicion, sure, but no more. And you can't pop a couple rounds based on suspicion.

https://codes.findlaw.com/tx/penal-c...sect-9-32.html
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